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HomeMy WebLinkAbout026804 ORD - 05/30/2006Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY NASSER FARAHNAKIAN, BY CHANGING THE ZONING MAP IN REFERENCE TO BEING 5.739 ACRES OUT OF 254.069 ACRES, ABSTRACT 988, NUECES COUNTY, TEXAS, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "B -4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Nasser Farahnakian, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 3. 2006, during a meeting of the Planning Commission, and on Tuesday, May 30, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard: and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on being 5.739 acres out of 254.069 acres, Abstract 988, Nueces County, Texas, located along the Southwest Corner of Clarkwood Road and the newly constructed State Highway 44 Bypass, from "R-1B" One - family Dwelling District to "B -4'" General Business District. (Map 058043) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H ■LEG- DIR1Shared \GaryS\agenda 2006\05- 30\0506 -02 Nasser Farahnakian Regulargws060522.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached. the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 30th day of May. 2006. Armando Chapa City Secretary APPROVED: May 22, 2006 Gary W. Smith Assistant City Attorney For City Attorney CITY OF RPUS CHRISTI A...'AlL . /, i LI He arrett Mayor, City o Corpus Christi EFFECTIVE DATE (0/5/bL -i•\ LEG- DIR \Shared\GaryS\agenda \2006\05- 30\0506 -02 Nasser Farahnakian Regulargws060522.doc Page 3 of 3 Corpus Christi, Texas 3 day of A"' --1 , 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members The above ordinance Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott Respectfully. ►itiA4r a, At■ ,i Henry Garr: t Mayor. The City of Corpus Christi was passed by the following vote: LEG -DI R'\Shared\GaryS\agenda\2006 105 - 30,0506 -02 Nasser Farahnakian Regulargws060522.doc 021 9114 2i_ -16 FIELD NOTES for a 5.17 +I - ACRES of LAND A tract of land containing 5.17 acres of land out of Lots 7 and 8, Section 11, Flour Bluff and Enc inel Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 - 43, Map Records of Nueces County, Texas described by metes and bounds as follows: BEGINNING at the South corner of the R.E. Thurman 14.00 acre tract (Volwne 245, Page 222, Deed of Trust Records) for the East corner of this tract; THENCE, South 28° 55' 05" West 634 70 feet for the South Corner of this tract; THENCE North 40° 00' 00" West 54.83 feet for the point of curvature of a circular curve to the left whose radius point bears South 50° 00' 00" West 836,16 feet and having a central angle of 21° 04' 55 ", a radius of 836.16 feet, a tangent distance of 155.59 feet and an arc lenght of 307.67 feet; THENCE with said circular curve to the left, 307.67 feet for the point of tangency; THENCE North 61° 04' 55" West, 34 87 feet for the West comer of this tract; THENCE North 28° 55' OS" East, 559.29 feet to a point on the Southwest boundary line of said R. E. Thurman 14.0 acre tract for the North corner of this tract; THENCE south 61° 02' 30' East, with said Southwest boundary line, 386.79 feet for the POINT OF BEGINNING. p. e State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } CITY OF CORPUS CHRISTI 1 ss: Ad # 5478268 PO # Before me, the undersigned, a Notary Public, this day personally came Sandra OrLm, who being first duly sworn, according to law, says that she is Legal Salts Representative of the Corpus Christi Caller- Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks. Duval, Jim Hogg, ,_Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO which the annexed is a true cope, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 15TH day(s) of MAY, 2006. $302.86 Olertel-cet, Gte.1*.1 Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date tvlo /19 Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. t% MICHELLE JOYCE CABRERA M`' c;OMMISMON eXPIRts Moe 10, 2008 CALLER - TIMES. May 15, 2006 "Monday. 11F NOTICE OF PUBLIO HEARING TO CPCONSIDERONI(gM G OF THE CITY OF CORPUS CHRISTI Notice is hereby given in accordance with the law that the City Council of the City of Corpus Christi will conduct a public hearing on Tuesday, May 30, 2006 during a ; regular Council meeting which commences at 10:00 a.m. in the City Council Chambers, City Hall, 1201 Leopard, to consider the following zoning application(s) of which said application(s) are on file in the Office of the City Secretary and the Department of Planning. At said time and place of hearing, all persons and parties interested may appear before the City Council. The zoning application(s) to be considered at the hearing are as follows: 1. 0406 -06, GP McCreless, Juan Melia and Encino- Cimarron GP c/o Tim Cower: "R-18" One- , family Dwelling District/ "A -1" Apartment House District/ "A -2" Apartment House District to a "B -1" Neighborhood Business District - Located 375 feet southwest of the intersection of Saratoga Boulevard and Cimarron Boulevard. 2. 0406 -07, Alan Anderson: "I -2' Light Industrial District to an "1 -3" Heavy Industrial District - Located at 1111 Southem Mineral Road and approximately 450 feet north of Sedwick Road. 3. 0506 -01, Arrlba Development, LLC: "R -1B" One - family Dwelling District to a "B- 4" General Business District - Located at the northwest intersection' of Interstate 37 frontage road and Sessions Road. 4. UDua uz, r d:an • Farataiaidan: "R-113 " One - family Dwelling District to a "B -4" General Business District - Located along the southwest comer of Clarkwood Road and the newly constructed State Highway 44 Bypass. Information may be obtained by calling or visiting the Department of Development Services, Planning Section at (361) 826- 3560, 2406 Leopard Street. /s/ Armando Chapa City Secretary �► City of Corpus Chris* State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 5495334 PO # Before me. the undersigned, a Notary Public, this day personally came Sandra ()rum, who being first duly sworn, according to law, says that she is Legal Sales Representative cf the Corpus Christi Caller- Times, a daily newspaper published at Corpus ('hristi in said City and State, generally circulated in Aransas. Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, _.ive Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCES: which the annexed is a true copy was inserted in the Corpus Christi Caller -Times and on the World Wide Web or the Caller -Times Interactive on the 5TH day(s) of JUNE, 2006. 276.6'; -. MICHELLE JOYCE CABRERA :1Y COMMISSION EXPIRES March 19, 2008 04,11-LJ Legal Sales Representative TWO (2 ) Time(s) Su • scribed and sworn to me on the date of �L,l 1 LAA Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. 1OF • Monday • June 5, 2006•CAL_ER TIMES NOTICE OF PASSAGE OF ORDINANCES: NO. 026801, amending the Zoning Ordinance. upon application by G.P. McCreless, Juan Mejia and Encino - Cimarron G.P. c/o Tim Clower, by changing the zoning map in reference to 39 acres out of Lots 6, 7. 8, 9 and 10, Section 11. Flour Bluff and Encinal Farm and Garden Tracts, from R -1B One- family Dwelling District. A -1" Apartment House District and A -2" Apartment House District to B -1" Neighborhood: Business District; NO. 026802, amending the Zoning Ordinance, upon 'application by Alan Anderson, by changing the zoning ' map in reference to .0121 acres out of 4.85 acres out of Lot 8 Block B. Ocker Addition (currently zoned 1 -2" Light Industrial District) by granting a Special Permit for an above ground fuel storage tank per the metes and bounds description: NO. 026803, amending the Zoning Ordinance, upon application by Arriba Development by changing the zoning map in reference to 1.97 acres out of B S. & F. Survey 419,% Abstract 570, Nueces County, from R -1 B One - family Dwelling District to B -1" Neighborhood Business District with a Special Permit for hoteVrnotel use; and, NO, 02=4, amending the Zoning Ordinance, upon application by Nasser Farahnakian, by changing the zoning map in reference to being 5:739 acres out of 254.069 acres, Abstract 988, Nueces County, Texas, from R- 1 B One- family' Dwelling District to B- 4" General Business District; amending the Comprehensive Plan to account for any deviations from the e x i s t i n g Comprehensive Plan: providing a penalty clause. These ordinances were passed and approved by the City Council of the City of Corpus Christi on May 30. 2006. /s/ Armando Chapa City Secrets '4, City of•Corpus Chri